An affidavit of probable cause to issue a warrant is under review regarding an incident involving St. Joseph County Commissioner Don Eaton.

A Sturgis Police Department sergeant submitted the request to St. Joseph County Prosecutor John McDonough following the July 29, late-night incident at Applebee's restaurant in Sturgis.

Sgt. Damon Knapp noted in his report that enough evidence exists for Eaton to be charged with violating terms of a permit for carrying a concealed pistol, as Eaton was found to be intoxicated while in possession of a firearm.

Eaton, a 52-year-old Burr Oak Township resident, said he had the misfortune of sitting in the bar area across from a group of four Detroit men who Eaton said were "extremely intoxicated," using vulgar language and verbally badgering a trio of acquaintances with whom Eaton was sitting.

The firearm in question was never brandished, pointed or even referenced by Eaton, he said.

"These guys had been in drinking after work, they left for whatever reason, then came back and started drinking again … they were well served," Eaton said, noting he was on his way home from South Bend and decided to stop in for a drink.

Eaton said the acquaintances he sat with were asked by the group of men if they would like a drink. The friction started, Eaton said, when the offer was rejected. Regardless, the group of men persisted, he said.

"After a bit, I said to them, 'Hey, why doesn't everybody just take it easy … these girls are married and they're just out having a good time and they'll be leaving shortly,'" Eaton said. "Well, one of the guys immediately piped up – he must have took it as a criticism – and he turns to me and says, 'Who the (expletive) are you?'"

Eaton said he ignored the question despite it being repeated. At that point, the bar manager intervened and ordered the four men out of the restaurant, Eaton said. As the men were exiting, two turned back in an intimidating manner toward Eaton, he said, and stated they are from Detroit "and we handle things Detroit style," Eaton recounted.

"They're a bunch of construction guys that were too drunk and they were pissed off," Eaton said. "Well, I'm not stupid, I'm watching out the window and they never left. They're standing in the parking lot across the street, staring at Applebee's."

Meanwhile, Eaton said, the members of his party stepped outside for a smoke. Eaton said for their safety, he joined them and noticed the group of men still standing across the street.

"I thought, 'This is not good,' so I opened the door to my truck and slipped a pistol in my pocket," he said. "By that point, I decided this is done, I'm leaving, and went back in and grabbed my wallet, grabbed my phone, grabbed my keys and I'm leaving. How do I know they're not going back to their hotel and grab a gun?"

Page 2 of 2 - Eaton said after he and members of his party went back inside, another patron – a 25-year-old Fawn River Township man – in the bar area started to hassle the ladies and called out Eaton for having a weapon in his possession.

"I don't know if he saw me walk out to my truck, I don't know if he saw the bulge in my pocket … it's not too hard to see a revolver in someone's jeans pocket or maybe the butt end was sticking out," Eaton said. "But he said he was calling the police."

Eaton said he returned the pistol to his vehicle and waited for officers to arrive.

"I'm not going to run away from our Sturgis police, so I sat and waited and eventually they were told the whole story," he said.

Eaton voluntarily took a preliminary breath test, which confirmed his blood-alcohol level was in excess of 0.08 percent. As a result, Eaton was in violation of being in possession of a firearm while legally intoxicated, he said.

According to the police report, Eaton was given a ride home by two of the people in his party and he was "very cooperative" during the investigation. Two firearms were confiscated from Eaton's vehicle as a precautionary measure.

The matter is being reviewed by a prosecutor from another county, per protocol because the issue involves an elected official. As of Thursday morning, Eaton said he had not heard anything further regarding the case.

d the case to the state's Attorney General's office, which will assign the matter to another county. McDonough said he checked with the office Thursday and where the case ends up has not yet been determined, he said.

McDonough said he forwarded the case to the state's Attorney General's office, which will assign the matter to another county. McDonough said he checked with the office Thursday and where the case ends up has not yet been determined, he said.

Eaton said from his understanding, the outcome of the issue has three scenarios: the case is dropped, a civil infraction with a fine is levied, or a misdemeanor charge is filed.

Eaton was elected to the commission in 2010 after running unopposed. He was unopposed in his bid for re-election two years later. Eaton represents the county's Second District, which covers Park, Mendon, Leonidas, Colon and Burr Oak townships.